Canada is a country in the northern part of North America. Its ten provinces and three territories extend from the Atlantic to the Pacific and northward into the Arctic Ocean, covering 9.98 million square kilometres, making it the world's second-largest country by total area. Canada's southern border with the United States is the world's longest bi-national land border, its capital is Ottawa, its three largest metropolitan areas are Toronto and Vancouver. As a whole, Canada is sparsely populated, the majority of its land area being dominated by forest and tundra, its population is urbanized, with over 80 percent of its inhabitants concentrated in large and medium-sized cities, many near the southern border. Canada's climate varies across its vast area, ranging from arctic weather in the north, to hot summers in the southern regions, with four distinct seasons. Various indigenous peoples have inhabited what is now Canada for thousands of years prior to European colonization. Beginning in the 16th century and French expeditions explored, settled, along the Atlantic coast.
As a consequence of various armed conflicts, France ceded nearly all of its colonies in North America in 1763. In 1867, with the union of three British North American colonies through Confederation, Canada was formed as a federal dominion of four provinces; this began an accretion of provinces and territories and a process of increasing autonomy from the United Kingdom. This widening autonomy was highlighted by the Statute of Westminster of 1931 and culminated in the Canada Act of 1982, which severed the vestiges of legal dependence on the British parliament. Canada is a parliamentary democracy and a constitutional monarchy in the Westminster tradition, with Elizabeth II as its queen and a prime minister who serves as the chair of the federal cabinet and head of government; the country is a realm within the Commonwealth of Nations, a member of the Francophonie and bilingual at the federal level. It ranks among the highest in international measurements of government transparency, civil liberties, quality of life, economic freedom, education.
It is one of the world's most ethnically diverse and multicultural nations, the product of large-scale immigration from many other countries. Canada's long and complex relationship with the United States has had a significant impact on its economy and culture. A developed country, Canada has the sixteenth-highest nominal per capita income globally as well as the twelfth-highest ranking in the Human Development Index, its advanced economy is the tenth-largest in the world, relying chiefly upon its abundant natural resources and well-developed international trade networks. Canada is part of several major international and intergovernmental institutions or groupings including the United Nations, the North Atlantic Treaty Organization, the G7, the Group of Ten, the G20, the North American Free Trade Agreement and the Asia-Pacific Economic Cooperation forum. While a variety of theories have been postulated for the etymological origins of Canada, the name is now accepted as coming from the St. Lawrence Iroquoian word kanata, meaning "village" or "settlement".
In 1535, indigenous inhabitants of the present-day Quebec City region used the word to direct French explorer Jacques Cartier to the village of Stadacona. Cartier used the word Canada to refer not only to that particular village but to the entire area subject to Donnacona. From the 16th to the early 18th century "Canada" referred to the part of New France that lay along the Saint Lawrence River. In 1791, the area became two British colonies called Upper Canada and Lower Canada collectively named the Canadas. Upon Confederation in 1867, Canada was adopted as the legal name for the new country at the London Conference, the word Dominion was conferred as the country's title. By the 1950s, the term Dominion of Canada was no longer used by the United Kingdom, which considered Canada a "Realm of the Commonwealth"; the government of Louis St. Laurent ended the practice of using'Dominion' in the Statutes of Canada in 1951. In 1982, the passage of the Canada Act, bringing the Constitution of Canada under Canadian control, referred only to Canada, that year the name of the national holiday was changed from Dominion Day to Canada Day.
The term Dominion was used to distinguish the federal government from the provinces, though after the Second World War the term federal had replaced dominion. Indigenous peoples in present-day Canada include the First Nations, Métis, the last being a mixed-blood people who originated in the mid-17th century when First Nations and Inuit people married European settlers; the term "Aboriginal" as a collective noun is a specific term of art used in some legal documents, including the Constitution Act 1982. The first inhabitants of North America are hypothesized to have migrated from Siberia by way of the Bering land bridge and arrived at least 14,000 years ago; the Paleo-Indian archeological sites at Old Crow Flats and Bluefish Caves are two of the oldest sites of human habitation in Canada. The characteristics of Canadian indigenous societies included permanent settlements, complex societal hierarchies, trading networks; some of these cultures had collapsed by the time European explorers arrived in the late 15th and early 16th centuries and have only been discovered through archeological investigations.
The indigenous population at the time of the first European settlements is estimated to have been between 200,000
Ultra vires is a Latin phrase meaning "beyond the powers". If an act requires legal authority and it is done with such authority, it is characterised in law as intra vires. If it is done without such authority, it is ultra vires. Acts that are intra vires may equivalently be termed "valid" and those that are ultra vires "invalid". Legal issues relating to ultra vires can arise in a variety of contexts: Companies and other legal persons sometimes have limited legal capacity to act, attempts to engage in activities beyond their legal capacity may be ultra vires. Most countries have restricted the doctrine of ultra vires in relation to companies by statute. Statutory and governmental bodies may have limits upon the acts and activities which they engage in. Subordinate legislation, purported passed without the proper legal authority may be invalid as beyond the powers of the authority which issued it. In corporate law, ultra vires describes acts attempted by a corporation that are beyond the scope of powers granted by the corporation's objects clause, articles of incorporation or in a clause in its Bylaws, in the laws authorizing a corporation's formation, or similar founding documents.
Acts attempted by a corporation that are beyond the scope of its charter are voidable. An ultra vires transaction cannot be ratified by shareholders if they wish it to be ratified; the doctrine of estoppel precluded reliance on the defense of ultra vires where the transaction was performed by one party. A fortiori, a transaction, performed by both parties could not be attacked. If the contract was executory, the defense of ultra vires might be raised by either party. If the contract was performed, the performance was held to be insufficient to bring the doctrine of estoppel into play, a suit for quasi-contract for recovery of benefits conferred was available. If an agent of the corporation committed a tort within the scope of his or her employment, the corporation could not defend on the ground the act was ultra vires. Several modern developments relating to corporate formation have limited the probability that ultra vires acts will occur. Except in the case of non-profit corporations, this legal doctrine is obsolescent.
The Model Business Corporation Act of the United States states that: "The validity of corporate action may not be challenged on the ground that the corporation lacks or lacked power to act." The doctrine still has some life among non-profit corporations or state-created corporate bodies established for a specific public purpose, such as universities or charities. According to American laws, the concept of ultra vires can still arise in the following kinds of activities in some states: Charitable or political contributions Guaranty of indebtedness of another Loans to officers or directors Pensions, stock option plans, job severance payments, other fringe benefits The power to acquire shares of other corporations The power to enter into a partnership Historically all companies in the United Kingdom were subject to the doctrine of ultra vires and any act, outside of the objects specified in a company's memorandum of association would be ultra vires and void; that result was commercially unpalatable, led to companies being formed with wide and generic objects clauses permitting a company to engage in all manner of commercial activities.
The position was changed by statute by the Companies Act 1985 which abolished the doctrine in relation to commercial companies. The position is now regulated by the Companies Act 2006, sections 31 and 39, which greatly reduces the applicability of ultra vires in corporate law, although it can still apply in relation to charities and a shareholder may apply for an injunction, in advance only, to prevent an act, claimed to be ultra vires. In many jurisdictions, such as Australia, legislation provides that a corporation has all the powers of a natural person plus others. Under constitutional law in Canada and the United States, constitutions give federal and provincial or state governments various powers. To go outside those powers would be ultra vires. According to Article 15.2 of the Irish constitution, the Oireachtas is the sole lawmaking body in the Republic of Ireland. In the case of CityView Press v AnCo, the Irish Supreme Court held that the Oireachtas may delegate certain powers to subordinate bodies through primary legislation, so long as these delegated powers allow the delegatee only to further the principles and policies laid down by the Oireachtas in primary legislation and not craft new principles or policies themselves.
Any piece of primary legislation that grants the power to make public policy to a body other than the Oireachtas is unconstitutional. Thus, in a number of cases where bodies other than the Oireachtas were found to have used powers granted to them by primary legislation to make public policy, the impugned primary legislation was read in such a way that it would not have the effect of allowing a subordinate body to make public
A Serjeant-at-Law known as a Serjeant, was a member of an order of barristers at the English bar. The position of Serjeant-at-Law, or Sergeant-Counter, was centuries old; the Serjeants were the oldest formally created order in England, having been brought into existence as a body by Henry II. The order rose during the 16th century as a small, elite group of lawyers who took much of the work in the central common law courts. With the creation of Queen's Counsel during the reign of Elizabeth I, the order began to decline, with each monarch opting to create more King's or Queen's Counsel; the Serjeants' exclusive jurisdictions were ended during the 19th century and, with the Judicature Act 1873 coming into force in 1875, it was felt that there was no need to have such figures, no more were created. The last Irish Serjeant-at-Law was Serjeant Sullivan; the last English Serjeant-at-Law was Lord Lindley. The Serjeants had for many centuries exclusive jurisdiction over the Court of Common Pleas, being the only lawyers allowed to argue a case there.
At the same time they had rights of audience in the other central common law courts and precedence over all other lawyers. Only Serjeants-at-Law could become judges of these courts right up into the 19th century, the Serjeants ranked above Knights Bachelor and Companions of the Bath. Within the Serjeants-at-Law were more distinct orders. Serjeants were created by Writ of Summons under the Great Seal of the Realm and wore a special and distinctive dress, the chief feature of, the coif, a white lawn or silk skullcap, afterwards represented by a round piece of white lace at the top of the wig; the history of Serjeants-at-Law goes back to within a century of the Norman Conquest. The members of the Order used St Paul's Cathedral as their meeting place, standing near the "parvis" where they would give counsel to those who sought advice. Geoffrey Chaucer makes reference to the Serjeants in the Canterbury Tales, General Prologue, writing: A serjeant of the law and wise,That hadde ben at the parvis, Ther was full rich of excellence.
Discreet he was and of great reverence, He sened swiche. The Order existed during the reign of Henry II from 1154–1189, who created a dozen Serjeants and thus moved the order's existence "out of the realm of conjecture" and into recorded fact; as such it is the oldest royally created order. Serjeants at Law existed in Ireland from at least 1302, were appointed by letters patent in a similar way to English Serjeants. Henry de Bracton claimed that, for the trial of Hubert de Burgh in 1239 the king was assisted by "all the serjeants of the bench", although it is not known who they were. By the 1270s there were 20 recorded Serjeants; this period saw the first regulation of Serjeants, with a statutory power from 1275 to suspend from practise any Serjeant who misbehaved. The exclusive jurisdiction Serjeants-at-Law held over the Court of Common Pleas came about during the 1320s, squeezing the size of the bar until only a consistent group reappeared. From this period, Serjeants began to be called in regular groups, rather than individually on whatever date was felt appropriate.
During the 16th century the Serjeants-at-Law were a small, though respected and powerful, elite. There were never more than ten alive, on several occasions the number dwindled to one. Over these 100 years, only 89 Serjeants were created. At the time they were the only distinguishable branch of the legal profession, it is thought that their work may have created barristers as a separate group; these lawyers became known as "utter" barristers. Despite holding a monopoly on cases in the Court of Common Pleas, Serjeants took most of the business in the Court of King's Bench. Although required to make the Common Pleas their principal place of work, there is evidence of Serjeants who did not; this was a time of great judicial success for the Serjeants. This period was not a time of success for the profession overall, despite the brisk business being done; the rise of
Walter Phillimore, 1st Baron Phillimore
Walter George Frank Phillimore, 1st Baron Phillimore, known as Sir Walter Phillimore, 2nd Baronet, from 1885 to 1918, was a British lawyer and judge. Phillimore was the son of Sir Robert Phillimore, 1st Baronet, of Charlotte Phillimore, his mother was the sister of 1st Viscount Ossington and of Edward Denison. He was educated at Westminster School and Christ Church, where he held a studentship. At Oxford he took Firsts in Classics and Modern History, was Secretary and Treasurer of the Oxford Union, was awarded the Vinerian Scholarship, he was elected a fellow of All Souls College, Oxford. He was called to the bar by the Middle Temple in 1868, joined the Western Circuit. Phillimore was an eminent ecclesiastical lawyer, practiced in front of ecclesiastical and admiralty courts appearing in front of the common law courts, he was involved in many famous ecclesiastical cases related to ritualistic controversies. He gave the opinion in the 1884 case of the Home Office Baby. In 1872 he was appointed Chancellor of the Diocese of Lincoln.
In 1883 he was given a patent of precedence giving him the same privileges as a Queen's Counsel, though he was never appointed a QC. In 1885, upon his father's death, he succeeded to the Phillimore baronetcy, he was a Judge of the High Court of Justice from 1897 to 1913 and a Lord Justice of Appeal from 1913 to 1916. In 1902 he represented the United Kingdom at a meeting of an International Maritime Committee in Hamburg, which debated a draft treaty relating to a uniform law concerning collisions and maritime salvage. In 1913, he was admitted to the Privy Council and on 2 July 1918 he was raised to the peerage as Baron Phillimore, of Shiplake in the County of Oxford. In 1918 he chaired the Phillimore Committee, appointed by the British government to report on proposals for a League of Nations; the Committee was established in January 1918 after being suggested to Arthur Balfour by Lord Robert Cecil. Lord Phillimore died in London in March 1929, aged 83, was succeeded in his titles by his son Godfrey.
Kidd, Williamson, David. Debrett's Baronetage. New York: St Martin's Press, 1990. Peerage information. W. A. B. "The Right Hon. Baron Phillimore of Shiplake, Baronet, PC, DCL, LLD, JP", Transactions of the Grotius Society, Vol. 14, Problems of Peace and War, Papers Read before the Society in the Year 1928, ppv-ix
Lieutenant governor (Canada)
In Canada, a lieutenant governor is the viceregal representative in a provincial jurisdiction of the Canadian monarch and head of state, Queen Elizabeth II. On the advice of his or her prime minister, the Governor General of Canada appoints the lieutenant governors to carry out most of the monarch's constitutional and ceremonial duties for an unfixed period of time—known as serving at His Excellency's pleasure—though five years is the normal convention. Similar positions in Canada's three territories are termed Commissioners and are representatives of the federal government, not the monarch directly; the offices have their roots in the 16th and 17th century colonial governors of New France and British North America, though the present incarnations of the positions emerged with Canadian Confederation and the British North America Act in 1867, which defined the viceregal offices as the "Lieutenant Governor of the Province acting by and with the Advice the Executive Council thereof." However, the posts still represented the government of Canada until the ruling in 1882 of the Lord Watson of the Judicial Committee of the Privy Council in the case of Maritime Bank v. Receiver-General of New Brunswick, whereafter the lieutenant governors were recognized as the direct representatives of the monarch.
The Constitution Act, 1982 provides that any constitutional amendment that affects the office of the lieutenant governor requires the unanimous consent of each provincial Legislative Assembly as well as the House of Commons and the Senate. The position of lieutenant governor has existed in Canada since before the country's confederation. In 1786, the post of Governor-in-Chief of British North America was created as a central viceregal office overseeing the British colonies of Prince Edward Island, Nova Scotia, New Brunswick, the Province of Quebec, whose governors became lieutenant governors, though that of Quebec was occupied by the governor-in-chief; this structure remained in place until the partitioning in 1791 of the Province of Quebec into Upper and Lower Canada, which each had an office of lieutenant governor, though both posts were occupied by the incumbent Governor General of the Province of Canada. In 1867, confederation created a new entity of four provinces, each with their respective viceregal posts.
Thereafter, when other colonies joined this grouping of provinces, their governors became lieutenant governors, while the creation of new provinces out of Rupert's Land and the Northwest Territories—which each had their own lieutenant governors—led to the establishment of new viceregal posts. Beginning after confederation, the Dominion government and the Colonial Office in London considered the lieutenant governors as representatives of, subordinate to, the governor general in Ottawa, reflecting the view of John A. Macdonald and the Earl of Derby, who set up the Constitution Act, 1867, so as to have the lieutenant governors appointed by the governor general, who expected that Royal Assent would be given in the name of the governor general, rather than the Queen. A ruling by the Judicial Committee of the Privy Council in 1882, altered this view, establishing that the lieutenant governors represented the Queen in the provinces as much as the governor general did in the federal jurisdiction.
Unlike the federal viceroy, the Canadian lieutenant governors have been since 1867, if not Canadian-born, at least long-time residents of Canada and not of the peerage, though a number, up until the Nickle Resolution in 1919, were knighted. While required by the tenets of constitutional monarchy to be nonpartisan during their time in office, lieutenant governors have been former politicians and some have returned to politics following their viceregal service. Canadian lieutenant governorships have been used to promote women and minorities into a prominent position: The first female viceroy in Canada was Pauline Mills McGibbon, Lieutenant Governor of Ontario from 1974 to 1980, many women have since served in both that province and others. There have been two several Aboriginal lieutenant governors. Norman Kwong, Lieutenant Governor of Alberta from 2005 to 2010, was Chinese-Canadian and David Lam, the Lieutenant Governor of British Columbia from 1988 to 1995, was Hong Kong-Canadian. Former Lieutenant Governor of Quebec Lise Thibault used a wheelchair, while David Onley, the former Lieutenant Governor of Ontario, had polio as a child and used crutches or a scooter.
The lieutenant governors are appointed by the Governor General of Canada on the advice of the prime minister. Since 2012, the Advisory Committee on Vice-Regal Appointments has deliberated on candidates for forthcoming vacancies, prepared a non-binding shortlist of candidates for the Prime Minister to consider. There is no constitutional requirement or consistent practice for the Prime Minister to consult with the province's premier on the appointment of the lieutenant governor. Besides the administration of the oaths of office, there is no set formula for the swearing-in of a lieutenant governor-designate. Though there may therefore be variations to the following, the appointee will travel to the legislative assembly building in the provincial capital, where a guard of honour awaits to give a general salute. From there, the party is
William Murray, 1st Earl of Mansfield
William Murray, 1st Earl of Mansfield, PC, SL was a British barrister and judge noted for his reform of English law. Born to Scottish nobility, he was educated in Perth, before moving to London at the age of 13 to take up a place at Westminster School, he was accepted into Christ Church, Oxford, in May 1723, graduated four years later. Returning to London from Oxford, he was called to the Bar by Lincoln's Inn on 23 November 1730, gained a reputation as an excellent barrister, he became involved in politics in 1742, beginning with his election as a Member of Parliament for Boroughbridge, appointment as Solicitor General. In the absence of a strong Attorney General, he became the main spokesman for the government in the House of Commons, was noted for his "great powers of eloquence" and described as "beyond comparison the best speaker" in the House of Commons. With the promotion of Sir Dudley Ryder to Lord Chief Justice in 1754, he became Attorney General, when Ryder unexpectedly died several months he took his place as Chief Justice.
The most powerful British jurist of the century, his decisions reflected the Age of Enlightenment and moved England on the path to abolishing slavery and the slave trade. He advanced commercial law in ways that helped establish the nation as the world leader in industry and trade, he modernised the English courts system. For his work in Carter v Boehm and Pillans v Van Mierop, he has been called the founder of English commercial law, he is best known for his judgment in Somersett's Case, where he held that slavery had no basis in common law and had never been established by positive law in England, therefore was not binding law. Murray was born on 2 March 1705, at Scone Palace in Perthshire, the fourth son of the 5th Viscount of Stormont and his wife, Margaret, née Scott, one of eleven children. Both his parents were strong supporters of the Jacobite cause, his older brother James followed "The Old Pretender" into exile; the Jacobite sympathies of Murray's family were glossed over by contemporaries, who claimed that he had been educated at Lichfield Grammar School with many other members of the English judiciary.
This was incorrect, as Murray was educated at Perth Grammar School, where he was taught Latin, English grammar, essay writing skills. He said that this gave him a great advantage at university, as those students educated in England had been taught Greek and Latin, but not how to write properly in English. While at Perth Grammar School, it became apparent that Murray was intelligent, in 1718, his father and older brother James decided to send him to Westminster School, as James knew the Dean, Francis Atterbury; the distance from Perth to London was around 400 miles, the journey took Murray 54 days. Murray flourished at Westminster and was made a King's Scholar on 21 May 1719. After an examination in May 1723, Murray was accepted into Christ Church, having scored higher in the examination than any other King's Scholar that year, he was admitted as a commoner on 15 June 1723, matriculated on 18 June. His older brother James was a barrister in Scotland, his family decided that a career as a barrister was best for Murray.
The Scottish Bar at the time was overcrowded, which made it difficult for a young barrister to build a reputation, yet qualifying for the English Bar was expensive. Thanks to the patronage of Thomas Foley, 1st Baron Foley, who gave Murray £200 a year to live on, Murray could afford to study at the bar, became a member of Lincoln's Inn on 23 April 1724. After George I died on 11 June 1727, Murray entered and won a competition to write a Latin poem titled "The Death of the King", his actions were seen as a show of support for the House of Hanover and the political status quo, something odd considering the strong Jacobite sympathies of his family. He did this because, having no private income, he wished to secure patronage to help him advance politically. Another entrant was William Pitt, a constant rival to Murray until Pitt's death in 1778. There is little information about Murray's time at Oxford, he became fluent in Latin, translating Cicero's works into English and back into Latin. He gained his Bachelor of Arts degree in 1727, travelled to London to train as a barrister.
Murray married Elizabeth Finch. They did not have children and took on care of their niece, Lady Elizabeth Murray, after her mother died; when Mansfield's nephew Captain Sir John Lindsay returned to Britain in 1765 following the Seven Years' War and his assignment in the West Indies, he brought his natural daughter Elizabeth. Of half African descent, she was born into slavery in 1761, the daughter of Maria Bell, an enslaved woman. Lindsay asked Murray to take on her care and education, Elizabeth was baptized Dido Elizabeth Belle in 1766 in London. Murray's first contact when he moved to London was William Hamilton, a Scottish-born barrister, said to be the first Scot to practise at the English Bar, one of the few people, qualified to act as a barrister in both England and Scotland. Hamilton had been one of Murray's sponsors when he joined Lincoln's Inn in 1724, when Murray came to London, Hamilton
John Simon (MP, born 1818)
Sir John Simon was a British sergeant at law and Liberal Party politician. Simon was born at Montego Bay, the son of Isaac Simon, he was sent to England in 1833 to a school in Liverpool. He studied Hebrew as he wanted to become a rabbi, but he entered the law instead, he graduated from the University of London in 1841 and was called to the bar at the Middle Temple in 1842. He went to Jamaica after his marriage in 1843 and practised law at Spanish Town until returning to England in 1843 for his wife's health, he became successful on the Northern Circuit, in the superior courts in London and in 1864 he was created a sergeant at law. He was a judge in Manchester and Liverpool, at the City of London Court, he was granted a patent of precedence in 1868, giving him place and precedence after those Queen's Counsel created. Simon was elected as MP for Dewsbury in 1868 and held the seat until he retired through ill health in 1888. In parliament he was concerned with reforms of the judicature, outside parliament was active in campaigning on behalf of Russian Jews.
He died in 1897 aged 78. Hansard 1803–2005: contributions in Parliament by John Simon